Why You Should Never Leave an Accident

Many drivers mistakenly believe that minor car crashes are not serious enough to warrant stopping. However, under Australian law – specifically in NSW – failing to stop after any collision, no matter how minor, can result in severe criminal penalties. This comprehensive guide covers:

• The legal requirements for stopping after an accident
• Potential criminal charges and penalties
• Available defences
• Steps to take if you have already left the scene
• The importance of immediate legal advice

As Newcastle traffic lawyer Christopher Davis of Davis & Associates (https://davisassociates.com.au/) explains: “I’ve represented many clients facing serious charges because they didn’t realise leaving a minor accident scene could be a criminal offence. Understanding your legal obligations could prevent hefty fines or even jail time.”

1. The Legal Requirement to Stop After Any Accident

1.1 What the Law Requires

Section 287 of the NSW Road Rules 2014 mandates that drivers must:

• Stop immediately at the scene (unless unsafe to do so)
• Exchange details with other involved parties, including:
  • Your name and address
  • Vehicle registration details
  • Owner’s details if you’re not the registered owner
• Provide reasonable assistance to any injured persons
• Report to police within 24 hours if:
  • Details could not be exchanged
  • Someone was injured
  • Property damage exceeds $3,000

1.2 What Constitutes an “Accident” Under the Law?

The legal definition is broad and includes:

• Collisions between vehicles
• Contact with stationary objects (e.g., poles or fences)
• Striking pedestrians or animals
• Even minor scrapes or bumper taps

Case Example: In R v Whitfield [2019], a driver was fined $2,500 for failing to stop after lightly brushing a parked car in a Newcastle shopping centre car park.

1.3 Common Misconceptions That Get Drivers Into Trouble

Many drivers wrongly assume they don’t need to stop if:

• There is no visible damage
• The other driver waves them away
• They are only slightly bumped from behind
• The accident occurs on private property (e.g., car parks)

Reality: None of these scenarios exempt you from the legal obligation to stop and exchange details.

2. Criminal Penalties for Failing to Stop

2.1 NSW Penalties at a Glance

2.2 Aggravating Factors That Increase Penalties

Judges may impose harsher penalties if:

• You were under the influence of alcohol or drugs
• You lied to police about your involvement
• You have prior traffic offences
• The accident resulted in serious injuries

2.3 Real Case Examples from NSW Courts

• Case 1: A Newcastle Uber driver was fined $3,000 and disqualified for 9 months after failing to stop following a minor sideswipe collision. The magistrate noted that “even minor accidents require compliance with the law.”
• Case 2: In 2021, a Sydney driver received a 12-month suspended jail sentence for leaving the scene of an accident involving an injured pedestrian. The judge emphasized the “moral and legal duty to stop.”

3. When Leaving the Scene Becomes a Criminal Matter

3.1 From Traffic Offence to Criminal Charge

While most fail-to-stop cases are traffic offences, they escalate to criminal matters when:

• There was intent to evade responsibility
• False information was provided to police
• The accident caused injury or death
• Another offence was being committed (e.g., drink driving)

3.2 Potential Criminal Charges

Depending on circumstances, charges may include:

• Negligent driving (Section 117, Road Transport Act)
• Dangerous driving (Section 52A, Crimes Act)
• Fail to stop and assist after impact causing death (Section 52AB, Crimes Act) – carrying up to 10 years imprisonment

4. Defences That May Be Available

4.1 Common Legal Defences

An experienced traffic lawyer may argue:

• You were unaware an accident occurred (requires evidence like dashcam footage)
• It was unsafe to stop immediately (e.g., on a busy freeway)
• You made reasonable attempts to locate the owner (for hit-and-run cases involving parked cars)
• You had a legitimate emergency (requires medical evidence)

4.2 The Importance of Early Legal Advice

Christopher Davis notes: “Many clients come to us after making statements to police that harm their case. The sooner you seek legal advice, the better we can protect your licence and avoid criminal charges.”

5. What to Do If You’ve Already Left an Accident Scene

5.1 Immediate Steps to Take

1. Contact police to report the incident.
2. Document everything:

• Take photos of damage
• Note time, location, and details
• Record witness contacts

1. Seek legal advice before making statements.

5.2 How a Lawyer Can Help

A specialist traffic lawyer like Christopher Davis can:

• Negotiate with police to reduce charges
• Prepare court submissions highlighting mitigating factors
• Represent you in court to minimise penalties
• Advise on insurance implications

6. Insurance Consequences

6.1 How It Affects Your Cover

Failing to stop may:

• Void your comprehensive insurance
• Affect compensation claims
• Lead to higher premiums

6.2 Protecting Your Insurance Position

To maintain coverage:

• Always report accidents promptly
• Never admit fault at the scene
• Consult a lawyer before speaking to insurers

7. Special Considerations for Different Accident Types

7.1 Hit Parked Cars

Common scenarios include collisions in:

• Shopping centre car parks
• Street parking
• Driveways

Key Point: You must make reasonable attempts to locate the owner (e.g., leaving a note with your details).

7.2 Minor Rear-End Collisions

Even if damage seems minimal:

• Exchange details
• Take photos
• Report to police if unable to exchange details

7.3 Accidents on Private Property

Contrary to popular belief, traffic laws still apply in:

• Shopping centre car parks
• Private driveways
• Service stations

8. Why You Need a Specialist Traffic Lawyer

8.1 The Benefits of Expert Representation

An experienced lawyer like Christopher Davis can:

• Identify weaknesses in the prosecution case
• Negotiate with police prosecutors
• Prepare character references
• Argue for Section 10 dismissals (no conviction)
• Minimise licence disqualifications

8.2 The Risks of Self-Representation

Without legal help, you may:

• Face maximum penalties
• Receive unnecessary criminal convictions
• Lose your licence for longer than necessary
• Harm future employment prospects

Conclusion: Protect Yourself by Knowing Your Rights

As demonstrated, what may seem like a minor incident can quickly escalate into a serious legal issue. Key takeaways:

1. Always stop after any accident, no matter how minor.
2. Exchange details properly with other parties.
3. Report to police when required.
4. Get legal advice before speaking to authorities.
5. Act quickly if you’ve already left the scene.

Christopher Davis emphasises: “I’ve helped many clients navigate these stressful situations. The sooner you seek professional advice, the better we can protect your driving privileges and keep your record clean.”

For immediate assistance with any fail-to-stop matter in Newcastle, contact:

Christopher Davis
Davis & Associates
Phone: 0438 464 410  

“Don’t let a minor accident turn into major legal trouble – call us today for expert advice.”

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.